Mesher v. Osborne

This action was brought by a father to recover damages for the death of his child, an infant of fifteen months, caused by its falling into a cesspool on the premises of the defendant, which were then occupied by the defendant’s tenant, one Prince. The cesspool was an excavation lined and covered with boards, the top being covered over with earth and sod so as not to be discoverable on ordinary inspection of the premises. The tenant testified, that when she leased the premises from the defendant, about a month before the accident, the defendant agreed to put the premises in repair and keep…